Tachanun in Yerushalayim

by Rabbi Yehuda Spitz

Visitors to Yeshivas Ohr Somayach’s famous beginner 4:00 P.M. daily Mincha (You are also welcome to join) are wont to comment on the fact that everyone says Tachanun with nefillas apayim, the placing down of the head on an arm, even though the beis medrash where this tefilla is held, the Lauffer Beis Medrash, does not have a Sefer Torah or even an Aron Kodesh.

The reason they find this behavior odd is because the Rema[1], quoting the Rokeach, rules that if there is no Sefer Torah in a shul, Tachanun should still be said, but without nefillas apayim[2]. This is traced back to a Biblical source, that “falling down” in prayer is reserved for when an Aron is present[3]. Although some disagree[4], this remains common practice. If so, the visitors ask, why would Ohr Somayach not follow such a widespread custom?

The answer is: Yerushalayim. Yes, Yerushalayim Ir Hakodesh. Ohr Somayach is privileged and blessed to be located in the Holy City of Jerusalem. As such, it maintains special dispensation for certain tefillos, one of them is Tachanun. In the words of Rav Moshe Feinstein[5], “Yerushalayim contains intrinsic holiness and is designated for prayer, and therefore even without a Sefer Torah one should do nefillas apayim, as it is comparable to a place that has a Sefer Torah!!”

This minhag dates back to the 1700s to the famed Pri HaAdamah[6], who writes that since there are opinions that in lieu of Sefer Torah one may still say Tachanun in a room that contains many sefarim[7], then certainly in the Holy City of Yerushalayim which is superior to a house filled with holy books, one would still say Tachanun with nefillasapayim, even without a Sefer Torah.

This special deference for Yerushalayim is noted by many authorities including those who specialize in the customs of Eretz Yisrael, including Rav Y.M. Tukachinsky, creator of the world-renowned Luach Eretz Yisrael[8].

Another tefillah that is said fully in Yerushalayim in any location, for the same above-mentioned reasons, is Magen Avos on Friday night[9], which technically needs to be recited in the presence of a Sefer Torah, or be said in a set minyan[10].

There is, however, a dispute among contemporary authorities as to what is considered the Holy City of Yerushalayim for our intents and purpose, where one would still recite Tachanun with nefillas apayim. It is well known that Rav Shlomo Zalman Auerbach[11] was of the opinion that this special regard is meant only for the original Holy City, which is now known as The Old City (bein hachomos), similar to the halachos of eating maaser sheini and kadshim kalim in the times of the Beis Hamikdash. The rest of Yerushalayim, he maintains, does not share this unique intrinsic holiness. In fact, unless he was in the OldCityor in a room filled with sefarim in the rest of Yerushalayim, Rav Shlomo Zalman would not do nefillas apayim in Tachanun[12].

However, the majority of contemporary poskim do not make such a distinction and consider all of Yerushalayim, old and new, to contain inherent kedusha, and therefore maintain that when in any part of Yerushalayim one should always say Tachanun with nefillas apayim[13] (as well as Magen Avos on a Friday night).

Although the importance of the tefillah of Tachanun is underappreciated by many, it should not be; it is actually based on Moshe Rabbeinu’s successful entreating of Hashem on Har Sinai to spare Klal Yisrael from punishment after their grievous sins: “Va’esnapel lifnai Hashem[14]- And I threw myself down in prayer before G-d”[15], and is a known catalyst for Hashem to speedily answer our prayers[16]. So the next time you are in Ohr Somayach, or essentially anywhere in Yerushalayim, it is worthwhile to take advantage of the extra dimension and intensity of nefillas apayim that is exclusive to our Holy City.

[2] It must be noted that general Sefardic practice is to never do nefillas apayim when reciting Tachanun, due to many not having the proper kavannos. See Ben Ish Chai (Year 1, Parshas Ki Sisa 13 s.v. v’heenay) and Yalkut Yosef (Kitzur Shulchan Aruch O.C. 131, 16).

[4] The Chida (Birkei Yosef O.C .131, 1 and Shiyurei Bracha there 1) argues that one should always do nefillas apayim in Tachanun, due to the fact that the Shulchan Aruch does not bring this as psak l’maaseh, even though he mentions it in his Beis Yosef commentary (ibid s.v. kasav haRivash); also, this was the Mahari”mat’s minhag. See also Ben Ish Chai (Year 1, Ki Sisa 14, who writes that nefillas apayim applies everywhere and all the time) and Kaf Hachaim (ibid, 40). The Taz (O.C. 131, 5) also questions this practice, but concludes that nevertheless the halacha still follows the Rema and Rokeach. The Chayei Adam (32, 33), Shulchan Aruch HaRav (ibid 3), Kitzur Shulchan Aruch (22, 4), Aruch Hashulchan (O.C. 131, 10), and Mishna Brura (131, 11) rule this way as well, that without a Sefer Torah, nefillas apayim is not done.

For any questions, comments or for the full Mareh Mekomos / sources, please email the author: yspitz@ohr.edu

Disclaimer: These are just a few basic guidelines and overview of the Halacha discussed in this article. This is by no means a complete comprehensive authoritative guide, but rather a brief summary to raise awareness of the issue. One should not compare similar cases in order to rules in any real case, but should refer his questions to a competent Halachic authority.

Disclaimer: This is not a comprehensive guide, rather a brief summary to raise awareness of the issues. In any real case one should ask a competent Halachic authority.

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